HomeMy WebLinkAboutReso 2009-1394
RESOLUTION NO. 2009- -'3 9c..1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR A
CONDITIONAL APPROV AL OF A REQUEST FOR
CONSTRUCTION STAGING SUBMITTED BY DEZER HOTEL
MANAGEMENT L TD TO ALLOW CONSTRUCTION STAGING
NOT TO EXCEED A TOTAL OF 6 MONTHS TIME FRAME;
PROVIDING THE CITY MANAGER AND THE CITY
ATTORNEY WITH AUTHORITY TO DO ALL THINGS
NECESSARY TO EFFECTUATE THIS RESOLUTION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance 2008-304 of the City Code prohibits the use of vacant lots for
construction staging; and
WHEREAS, Ordinance 2008-304 of the City Code provides that the use of vacant lots
for construction staging limitations may be waived where exceptional circumstances exist,
subject to certain conditions deemed necessary to protect the public health, safety and welfare;
and
WHEREAS, Dezer Hotel Management L TO has requested a waiver of the staging in
vacant lots limitations for vacant lot sites located at: 18400 Collins Avenue, 18330 Atlantic
Boulevard, and vacant lot respectively to allow for construction staging at the vacant lots for a
period of six (6) months to allow the construction of Dezer Properties, and within the required
300' distance; and
WHEREAS, Dezer Hotel Management L TO in accordance with Ordinance 2008-304 of
the City Code, has agreed to provide the City of Sunny Isles Beach a mitigating fee as established
by the City Manager for the period of six (6) months and an additional mitigation fee if the
necessary time exceeds the original six (6) month period; and
WHEREAS, the conditions set forth in Ordinance 2008-304 of the City Code are
incorporated herein by reference; and
WHEREAS, the City Commission has considered the waiver request submitted by Dezer
Hotel Management L TO and the recommendation of the City Manager.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing "Whereas" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific part of this Resolution
hereof.
R2009- Dezer Properties Staging Request
Page 1 of'>
Section 2. Approval of Conditional Waiver. The City Commission hereby grants a
conditional approval of the Construction Staging to' Oezer Hotel Management L TD, subject to the
following conditions:
(a) Dezer Hotel Management L TO shall pay a mitigation fee as established by
the City Manager in the amount of $2,500 per month for a period of six (6)
months for a total of $15,000 to be paid prior to commencing the use of the
vacant property for staging purposes;
(b) That the surrounding exterior area of the staging lot must be kept in a neat
and clean condition in accordance with the requirements of the Chapter;
(c) That the construction staging will be limited to the work to be performed
under permits that were obtained for the construction of the Oezer Properties;
(d) That the approval of the construction staging will be valid for a period of six
(6) months from the date of the approval;
(e) That the Applicant shall commence the necessary work in the vacant lot to
comply with the requirements of the vacant lot / park-like requirements of the
Code, on the next day following the expiration of this approval;
(f) That further extensions will require the approval of the City Commission.
Section 3. Authorization of City Manager to Revoke Waiver. The City Manager is hereby
authorized to immediately revoke this conditional waiver if Dezer Hotel Management L TD fails
to comply with the conditions outlined in this Resolution and Ordinance 2008-304 of the City.
Section 4. Authorization of City Manager and City Attorney. The City Manager and the City
Attorney have the authority to do all things necessary to effectuate this Resolution. Upon
revocation, this Resolution shall become null and void.
Section 5.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 19th day of March 2009.
ATTEST:
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Jane A. Hines, City Clerk
R2009- Dezer Properties Staging Rcquest
Pagc 2 of .>
APPROVED AS TO FORM
AND LEGAL S FICIENCY:
Moved by: VlU M~oY'--r\4~L~
Seconded by: Cb~S:c...~OU-
Vote: 5-0
Mayor Edelcup
Vice Lewis Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Scholl
---1L(Y es)
V (Yes)
V (Yes)
V (Yes)
V (Yes)
_(No)
_(No)
(No)
_(No)
_(No)
R2009- Dezer Properties Staging Request
Page 3 of 3
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Ede1cup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3 II 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC City Clerk
MEMORANDUM
The Honorable City Commission
Rick Conner, Acting City Manager
Jorge Vera, Assistant City Manager
Robert C. Solera, Community Development Director
March 19, 2009
Construction Staging Dezer Hotel Management L TD
RECOMMENDATION:
It is recommended that the City Commission approve the attached Resolution providing for a
conditional waiver of Section 2008-304 construction staging regulations.
REASONS:
The Community Development Department received a request from Dezer Hotel Management
L TO, to continue the use of three vacant properties located on the West side of Collins A venue
and 185th Street for construction staging. The code requires that any deviation or waiver of the
use be approved by the City Commission. The code also requires that all staging be performed in
a location within 300' of the construction site.
The Applicant has indicated on the cover memo that weather related delays will prevent them
from obtaining the required CO (Certificate of Occupancy) for the Trump Royale. The memo
also indicates that once the CO is obtained, parking for the construction workers will become
available inside the building that is under construction. The Department is aware that this type of
staging has been in place prior to the establishment of the Ordinance, and now a requirement is
in place such that the property owner is required to obtain a permit from the City of Sunny Isles
Beach Commission, and pay a mitigation fee to the City of Sunny Isles Beach. The conditions
that are found at the Trump Royale merit the use of the vacant property to stage the parking of
the construction workers material and equipment.
\ 0 C.-
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Funding available:
Approval:
Finance Department
City Manager
Cover Memo Dezcr Hotel Mgmt Construction Staging Sitc Rcqucst
Commission Meeting Date:
Based on input from the staff, the City Manager has proposed a mitigation fee of $2,500.00 per
month for a period of six (6) months for a grand total of $15,000.00 shall be paid by the
Applicant, to the City of Sunny Isles Beach to continue the staging, as required under Ordinance
2008-304, Section 6 (B) (2). The City Manager, as a condition to the approval, would also
require the Applicant to commence the necessary work to convert the vacant lot into a park like
setting as required by the Ordinance above, commencing the day after the expiration of the
staging approval. We also propose that any additional time request will require the approval of
the City Commission.
This action will facilitate and expedite the construction of the Trump Royale.
DEZER HOTEL MANAGEMENT. LTD.
18001 COLLINS A VENUE, 31ST FLOOR
SUNNY ISLES BEACH. FL 33160
PHONE: (3051 932-1000
FAX: (3051 705-9948
February 16,2009
~
Robert Solera
Community Development Oirector
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Re: Notice of Violation
City Violation Notice CDEF2008-1879
Folio No. 31-2202-003-0211 and 31-2202-003-0212
Alleged Violator: Dezer Properties, LLC
Property Location: 18850 North Bay Road, Sunny Isles Beach, FL
Oear Mr. Solera:
By way of follow up to our last conversation, please be advised that I am in
receipt of a Notice of Administrative Hearing set before the Magistrate on Wednesday,
February 18, 2009 at 10:00 a.m. in the Commission Chambers.
As I advised when we briefly met on February 10th, we will be seeking a waiver
from the City Commission with regard to the use of the subject property. As such, it may
be more prudent to postpone the Magistrate Hearing on the pending violations until after
we are able to appear before the Commission on this matter. This request is being made
without waivi~g any of the owner's rights.
Please advise when this matter will be set on the Commission agenda.
Additionally, please advise as to the applicable fee structure for use of the subject
property as a construction staging area/parking.
Thank you for your timely attention to this matter.
H:\LEGAL DEPARTMENT\DEZER COMPANIES\CITY OF SUNNY ISLES BEACH\Letter WJS-Solera 021609.doc